Posted by: ny2 August 21, 2015
TPS to Greencard
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My understanding:
Lets say you were in legal immigrant status till you applied for TPS and you got TPS and EAD and started working on TPS EAD thereby nullifying previous nonimmigrant status (or previous non immigrant status expired during TPS processing), if your employer sponsors you for employment based green card by going thru PERM, i 140, you can apply for Adjustment of Status in US. You never accrued unlawful presence in US. The basis of AOS will be employment sponsorship and no unlawful presence.

If you were not in legal nonimmigrant status before applying for TPS, and you got TPS n EAD and started working on that EAD, if your employer sponsors you for employment based green card by going thru PERM, i 140, you cannot apply for Adjustment of Status in US but have to go thru Consular Processing in US embassy in Nepal for GC visa interview after i140 is approved and priority date is current. You may be subjected to any consequences regarding your unlawful presence before you applied for TPS. The basis of non eligibility of AOS will be unlawful presence till USCIS received TPS application.

If you were not in legal nonimmigrant status before applying for TPS, and you got TPS n EAD and married a US citizen (whether you work or not), you can apply for AOS for GC since they usually don't care about unlawful presence if you are married to a US citizen unless you had entered US illegally.

I am open to any other views.....
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